Is a DG10 considered a relevant previous offence for a drink driving charge?

Convicted Driver Insurance

Rusty997

New Member
I had a minor car accident last Monday whilst looking at my satnav I mounted the kerb and damaged a wheel. There was no one else involved. The police turned up and breathalysed me and I was arrested and taken to the station as I failed the test. I was then retested at the station and failed with a 44 on the breath test. I had been told that if I blew under 40 then there would be no charge. I now face a court case in January for this offense. My stupidity, I know, but I had only drunk a couple of pints of Stella and thought that would be ok. Anyway, I am wondering what length of ban I am looking at because in 2016 I was banned for 12 months after testing positive for cannabis just over the legal amount. I received a DG10, no penalty points and a £200 fine along with the 12 month ban. Do you think the DG10 will go against me on this new conviction?
 
Section 34 of the Road Traffic Offenders Act confirms that if you have been convicted for one of the following offences in the last 10 years this will trigger an automatic 3-year ban:

a) Causing death by careless driving when under the influence of drink or drugs;

b) Driving or attempting to drive while unfit;

c) Driving or attempting to drive with excess alcohol;

d) Driving or attempting to drive with concentration of specified controlled drug above specified limit; or

e) Failing to provide a specimen (if a mandatory disqualifcation period is applied).
 
I had a minor car accident last Monday whilst looking at my satnav I mounted the kerb and damaged a wheel. There was no one else involved. The police turned up and breathalysed me and I was arrested and taken to the station as I failed the test. I was then retested at the station and failed with a 44 on the breath test. I had been told that if I blew under 40 then there would be no charge. I now face a court case in January for this offense. My stupidity, I know, but I had only drunk a couple of pints of Stella and thought that would be ok. Anyway, I am wondering what length of ban I am looking at because in 2016 I was banned for 12 months after testing positive for cannabis just over the legal amount. I received a DG10, no penalty points and a £200 fine along with the 12 month ban. Do you think the DG10 will go against me on this new conviction?

Details of offence as provided by you:

  • Specimen Type: breath
  • Alcohol Level: between 36 and 59
  • One or more previous relevant convictions within the proceeding 10 years
  • You have not been disqualified two or more times for 56 days or more within the proceeding 3 years
Based on the information you provided above, upon conviction of driving with excess alcohol, Magistrates' sentencing guidelines suggest:

High Risk Offender?
If you have been convicted of & disqualified for drink driving or being in charge of a vehicle with excess alcohol within 10 years preceding the commission of this offence you will be classed as a high risk offender.

High risk offenders are required to take and pass a DVLA Medical before their driving licence will be returned to them upon expiration of their driving driving disqualification.

Drink Driving Rehabilitation Course
All courts usually offer first time offenders the opportunity to take the drink driving rehabilitation course. A court may allow an offender to take the course a second time where there is a good reason to do so. Offenders will not usually be offered a chance to take the course for a third time. Completing the course can reduce any disqualification period imposed by up to 25%.

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